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Legal provisions on misappropriation of client funds by financial staff

Legal analysis: The legal provisions on misappropriation of client funds by financial staff are: if financial staff misappropriate client funds, it may constitute the crime of misappropriation of funds. Anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; misappropriation If the unit has a huge amount of funds, or if a large amount is not returned, the unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Legal basis: Article 185 of the "Criminal Law of the People's Republic of China" Commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions Any staff member of an organization who takes advantage of his or her position to misappropriate the funds of the organization or clients shall be convicted and punished in accordance with the provisions of Article 272 of this Law. Staff of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions and staff of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies If a person assigned by a company or other state-owned financial institution to perform official duties at a non-state-owned institution specified in the preceding paragraph commits the acts specified in the preceding paragraph, he shall be convicted and punished in accordance with the provisions of Article 384 of this Law. Article 185-1 A commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution violates its fiduciary obligations and uses client funds or other entrusted or trusted property without authorization. If the circumstances are serious, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 30,000 yuan but not more than 300,000 yuan; if the circumstances are particularly serious, The offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. If public fund management institutions such as social security fund management institutions and housing provident fund management institutions, as well as insurance companies, insurance asset management companies, and securities investment fund management companies use funds in violation of state regulations, the persons in charge and other directly responsible persons who are directly responsible for them shall , punished in accordance with the provisions of the preceding paragraph.